2019 New York Laws
EDN - Education
Title 1 - General Provisions
Article 13-A - Liberty Scholarships
610 - Liberty Scholarships.

Universal Citation: NY Educ L § 610 (2019)
§ 610. Liberty    scholarships.      1.   Establishment   of   liberty
scholarships.    The  president  of  the   higher   education   services
corporation  shall  award  liberty  scholarships  for  payment  annually
beginning  with  the  nineteen  hundred   ninety-one--nineteen   hundred
ninety-two  academic  year,  and  in  each  academic year thereafter, to
students eligible pursuant  to  subdivision  two  of  this  section.  In
administering  this  program,  the  president  is  hereby  authorized to
exercise all powers and duties authorized under article fourteen of this
chapter.
  2. Eligibility for scholarship. Liberty scholarships shall be  awarded
to persons:
  a. who have applied for such scholarship;
  b.  who have graduated from a secondary school located within New York
state or have received a high school equivalency diploma from  New  York
state;
  c.  who  have  not attained the age of twenty-two as of June thirtieth
prior to the academic year for which the initial award is  received  and
who  are undergraduate students receiving aid under this chapter for the
first time during academic year  nineteen  hundred  ninety-one--nineteen
hundred ninety-two or thereafter;
  d.  who  have  enrolled  in  an  approved program in a degree-granting
institution located in New York state within twenty-four months  of  the
date  that  the  recipient graduated from secondary school or received a
high school equivalency diploma, provided that those  students  who  are
temporarily  unable  to  avail  themselves  of the award due to illness,
military service or other causes in accordance with rules of  the  board
of  regents  prior  to  receipt  of the first payment of an award may be
granted a leave of absence pursuant to regulations of  the  trustees  of
the higher education services corporation;
  e.  who  satisfy  the requirements of section six hundred sixty-one of
this chapter;
  f. who retain good academic standing as defined by  the  commissioner;
and
  g.  who  qualify for a scholarship pursuant to subdivision six of this
section.
  3. Application. Application for payment of a liberty scholarship shall
be made in conjunction with an application  for  tuition  assistance  in
accordance with rules of the board.
  4.  Application  for  other student financial assistance. a. A student
enrolled in a program of  full-time  study  shall  not  be  entitled  to
receive  a  scholarship  unless  the  recipient  (1)  receives a tuition
assistance award or supplemental tuition assistance  award  pursuant  to
section  six  hundred  sixty-seven  or six hundred sixty-seven-a of this
chapter and (2) receives a Pell grant  award  pursuant  to  section  one
thousand seventy-a of title twenty of the United States code.
  b.  A  recipient enrolled in a program of part-time study shall not be
entitled to receive a scholarship unless the recipient receives  a  Pell
grant  award  pursuant to section one thousand seventy-a of title twenty
of the United States code.
  5. Duration. a. Subject to the requirements of subdivision two of this
section, a recipient shall be entitled to an annual scholarship for  not
more  than  (1)  four academic years of full-time undergraduate study or
the equivalent thereof of part-time study, or (2) five  academic  years,
or  the  equivalent  thereof of part-time study, if the program of study
normally requires five years, as defined by the commissioner pursuant to
article thirteen of this chapter.
  b. For purposes  of  this  subdivision  and  subdivision  fourteen  of
section  six  hundred  five  of this chapter, the term "part-time study"

means enrollment for at least six but less than twelve  semester  hours,
or  the  equivalent,  per  semester or at least four but less than eight
semester hours per quarter in an approved undergraduate program.
  c.  Any semester, quarter or term of attendance during which a student
receives an award for part-time study pursuant to this section shall  be
counted  as one-half of a semester, quarter or term, as the case may be,
toward the maximum term of eligibility  for  tuition  assistance  awards
pursuant  to  sections six hundred sixty-six and six hundred sixty-seven
of this chapter.
  6. Amount. a. The president shall grant  annual  scholarships  in  the
following amounts:

(1) If the recipient attends an institution of the city university of New York or an institution of the state university of New York other than the statutory colleges at Cornell, the college of environmental science and forestry at Syracuse and the college of ceramics at Alfred, the annual scholarship award shall be an amount equal to the non-tuition cost of attendance at such institution or college reduced by (i) the amount of a Pell grant and (ii) the amount of such other state and federal scholarships and grants, other than tuition assistance or supplemental tuition assistance received under this chapter, which do not require repayment, awarded to the recipient for the cost of attendance at the institution being attended, as reported to the president; provided, however, that such scholarship shall be reduced one dollar for every three dollars of income in excess of eighteen thousand dollars of income; or

(2) If the recipient attends any other degree-granting institution within New York state and enrolls in a program approved by the commissioner, the annual scholarship award shall be based upon an amount equal to the average non-tuition cost of attendance, as determined by the commissioner in consultation with the president and as approved by the director of the budget, for a student at the state university of New York or actual non-tuition cost of attendance at such institution, whichever is less, reduced by (i) the amount of a Pell grant the recipient would have been entitled to had the recipient attended the state university of New York and (ii) the amount of such other state and federal scholarships and grants, other than tuition assistance or supplemental tuition assistance received under this chapter, which do not require repayment, awarded to the recipient for the cost of attendance at the institution being attended, as reported to the president; provided, however, that such scholarships shall be reduced one dollar for every three dollars of income in excess of eighteen thousand dollars of income.

(3) Scholarships and grants that reduce the cost of attendance for purposes of determining the amount of a scholarship award shall not include supplemental financial assistance provided on a last dollar basis pursuant to the provisions of section sixty-four hundred fifty-one or sixty-four hundred fifty-two of this chapter.

(4) "Non-tuition cost of attendance", as used in this paragraph, shall mean: (i) the actual amount charged by the institution for room and board and (ii) an allowance for transportation, books and supplies as determined by the commissioner in consultation with the president and as approved by the director of the budget, provided that such determination shall be made no later than December first of each year for use in the succeeding academic year. In the event a student does not incur room or board charges at the institution, "non-tuition cost of attendance" shall mean an allowance for room and board as determined by the commissioner in consultation with the president and approved by the director of the budget. In determining allowances pursuant to this subparagraph, the commissioner may take into consideration the allowances provided for in the Pell grant program. b. For the purposes of determining annual scholarships, the term "income" shall be determined in accordance with the provisions of section six hundred sixty-three of this chapter, except that in making such determination, adjusted gross income, as defined in regulations of the trustees of the corporation, shall be used instead of New York state net taxable income. c. In no event shall the combination of all student financial aid received by a student exceed the recipient's total cost of attendance at the institution being attended. 7. Ineligibility for a tuition assistance, supplemental tuition assistance or Pell grant award in a particular academic year shall not prevent a recipient from receiving a liberty scholarship award in any subsequent year in which such recipient shall become eligible for a tuition assistance, supplemental tuition assistance or Pell grant award, provided, however, the seven-year period referred to in subdivision seven of section six hundred sixty-five of this chapter, or an eight-year period for part-time study, shall not have elapsed. 8. Relationship to educational opportunity programs. Liberty scholarship recipients who qualify for admission to the educational opportunity programs established in section sixty-four hundred fifty-one or sixty-four hundred fifty-two of this chapter shall in no way be precluded from participation in such programs as a result of their status as liberty scholarship recipients. Recipients who qualify and are selected for participation in the opportunity programs shall be eligible to receive the same tutoring and counseling services provided to other educational opportunity program students, and shall be eligible to receive supplemental financial assistance through the educational opportunity programs for any approved costs not otherwise funded under such scholarship. 9. Notification. The superintendent of schools or other chief school officer of each public school district and the chief school officer of nonpublic secondary schools shall take steps to inform students and parents about the liberty scholarship program and various types of student financial aid that are available for their college educations. The corporation, in cooperation with the commissioner, shall assist such efforts by making available to school districts, nonpublic secondary schools and students information relating to such programs and aid. In addition, the commissioner, in cooperation with the president and school officials shall also provide such other information as is appropriate to encourage students to complete high school and to assist students in preparing to attend college. 10. Regulations. All regulations of the commissioner or regulations of the trustees of the corporation to implement the provisions of this article shall be subject to the approval of the director of the budget.

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